Regulation 8 Staged payments in long cases

(1)

A representative may submit a claim to the appropriate officer for a staged payment of his fees in relation to proceedings before the Tribunal.

(2)

Where a claim is submitted in accordance with the provisions of this regulation, a staged payment shall be allowed where the appropriate officer is satisfied—

(a)

that the claim relates to fees for a period of preparation of 100 hours or more, for which the representative will, subject to final determination of the costs payable, be entitled to be paid in accordance with these Regulations; and

(b)

that the period from the date of the legal assistance order to the conclusion of the proceedings before the Tribunal will be likely to exceed 12 months, having regard, amongst other matters, to the number of parties to the reference, and the weight and complexity of the case.

(3)

In this regulation, “preparation” means work done before the main hearing, including—

(a)

reading the papers in the case;

(b)

attendance at conferences;

(c)

contact with the Regulator;

(d)

providing written or oral advice;

(e)

researching the law;

(f)

preparation for the examination of witnesses and of oral submissions for the main hearing;

(g)

preparation of written submissions, notices or other documents for use at the main hearing;

(h)

attendance at any hearing before the main hearing; and

(i)

all preparation within the meaning of regulation 13(1)(a) not falling within the preceding sub-paragraphs.

(4)

The amount to be allowed for preparation falling within paragraph (3)(a) to (h) shall be computed by reference to the number of hours of preparation which it appears to the appropriate officer, without prejudice to the final determination of the costs payable, has been reasonably done, multiplied by the relevant hourly rate, namely—

(a)

in the case of an advocate who is a Queen’s Counsel, the hourly rate for subsidiary fees for Queen’s Counsel prescribed in Table 2 in Schedule 2;

(b)

in the case of any other advocate, the hourly rate for subsidiary fees for junior counsel prescribed in Table 1 in Schedule 2.

(5)

The amount to be allowed for preparation falling within paragraph (3)(i) shall be computed by reference to the number of hours of preparation which it appears to the appropriate officer, without prejudice to the final determination of the costs payable, has been reasonably done, multiplied by the relevant hourly rate prescribed in Schedule 1, applicable to the class of work and the grade of fee-earner.

(6)

A claim shall be submitted in such form and manner as the appropriate officer may direct, including such case plan as he may require for the purposes of paragraph (2)(a).

(7)

A representative may claim further staged payments in accordance with this regulation in respect of further periods of preparation exceeding 100 hours which were not included in an earlier claim.

(8)

Regulations 19 to 21 (redetermination, etc.) shall not apply to a payment under this regulation.